IN RE: Syed Aftab Karim (2021)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Syed Aftab Karim, M.D., F.A.A.N.S., Petitioner–Appellant, v. Ramanathan Raju, M.D., et al., Respondents–Respondents. Index No.

1365 7

Decided: April 22, 2021

Acosta, P.J., Renwick, Singh, Moulton, JJ.

Case No.2020–03078

Eisenberg & Schnell LLP, New York (Herbert Eisenberg and Julian R. Birnbaum of counsel), for appellant.

Garfunkel Wild, P.C., Great Neck (Leonard Rosenberg of counsel), for respondents.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered January 21, 2020, which, inter alia, granted defendants' cross motion for sanctions, unanimously reversed, on the facts, without costs, and the cross motion denied.

Plaintiff's motion, while ultimately unsuccessful, was not frivolous and therefore did not warrant sanctions (22 NYCRR § 130– 1.1[c][1], [2] ).

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